Thursday, May 27, 2010

05272010 - Sam Riddle - Sentenced - DV Assault Against State Rep Mary Waters




Also See:


Sam Riddle's arrest and trial for domestic violence assault on former Michigan State Representative Mary Waters [December 21, 2009]:



















Riddle Loses Appeal Over Assault, Gun Convictions
Updated: Wednesday, 23 Nov 2011, 11:01 AM EST
Published : Wednesday, 23 Nov 2011, 11:01 AM EST
FOX TV News, Detroit
http://www.myfoxdetroit.com/dpp/news/local/riddle-loses-appeal-over-assault-gun-convictions-20111123




Sam Riddle appears in court for sentencing on May 27, 2010. (Credit: myFOXDetroit.com)


DETROIT - The Michigan appeals court has upheld the convictions of Sam Riddle, a Detroit political consultant who pulled out a shotgun when his companion found him in bed with another woman.

The appeals court said Wednesday that a rational person encountering Riddle would have believed his conduct was hostile.

Riddle was convicted of felonious assault and a gun crime last year. His companion at the time, Mary Waters, called police after discovering him in bed with another woman. Riddle pulled out a shotgun and racked it, although Waters testified that she didn't believe the gun was loaded.

The appeals court says a lack of fear doesn't erase an assault. Riddle's two-year prison sentence is being served at the same time as his 37-month federal sentence for corruption.










SAM RIDDLE GETS SENTENCED TO 2 YEARS IN PRSION FOR ASSAULT CASE
05.28.2010 07.15 am
Detroit Online
http://www.idetroitonline.com/archive/news/05-28-2010-sam-riddle-gets-2-years.html





DETROIT POLITICAL CONSULTANT....
Sam Riddle has been sentenced to two years in prison in an assault case involving a shotgun and his companion.

Riddle got his punishment Thursday in Wayne County Circuit Court. He had been found guilty of pulling out a shotgun when his live-in companion, Mary Waters, found him in bed with another woman in December.

Judge Gregory Bill ordered two years in prison for the gun crime and probation for the assault.

Riddle is in federal custody and hopes to stay there to serve his state sentence. He surrendered to U.S. marshals Tuesday to get a head start on a sentence for corruption.

Riddle pleaded guilty to conspiracy last week and faces up to 37 months in prison when he gets his sentence in August.

Although Wayne County Circuit Judge Gregory Bill remanded the controversial political consultant to the custody of the Wayne County Sheriff and the Michigan Department of Corrections, just where Riddle will serve his time remains undecided.

"It is our hope that he will go into the federal system," said Richard Convertino, Riddle's lawyer in federal court, where he faces sentencing for corruption charges for which he pleaded guilty last week.

Sentencing in that case is set for August, but Riddle, 63, turned himself in on Tuesday to U.S. Marshalls. Riddle was returned today to the custody of federal authorities who have kept him in the St. Clair County Jail. The arrangement caused confusion and the postponement of Riddle's planned sentencing on the assault and gun charge in Wayne County on Wednesday.

Today, Bill gave Riddle the mandatory sentence for using a firearm in the commission of a felony crime. Riddle also was given three years probation for assault. Riddle's conviction on the charges stemmed from an incident before Christmas in which Waters found Riddle in her bed with another woman.

Bill eased the way for federal authorities to take Riddle by ruling that the gun charge can be served concurrently with any sentence he receives in federal court in his corruption plea. Under state law, the two-year gun violation sentence must be served before any other sentences given under state statute. Wayne County Assistant Prosecutor Rebecca Camargo also said her office has no objection to Bill's ruling or to Riddle serving his time in federal custody.

During his sentencing, Riddle told the judge that he takes full responsibility for his actions, "the shame and the blame for it." He said he has tried to do good things in his life, and he plans to return to Detroit after he is released from prison.

"I will fight for a better Detroit. I will champion peace over violence," said Riddle who has developed a large following for his bold comments on Internet social networking websites such as Facebook and Twitter. "I could have railed against the system being up against a brother, but I'm not."

Waters, who is Riddle's co-defendant in one of his federal cases, and Riddle's minister, the Rev. Horace Sheffield, also made statements in court about the good Riddle has done in Detroit.

"I do sit here today as a victim, but not of Sam Riddle, but of the system," said Waters who added that she never wanted Riddle charged with a crime. "When I made that 911 call that day, I did it for Sam. We both were under a great deal of pressure. ... Oh, I was mad, but I wanted to get counseling for Sam, for his drinking."

Waters asked the judge to consider any "loophole" that might allow Riddle to remain free. But Sheffield said he understood the judge was bound by the law to give Riddle the two-year mandatory sentenced.

"I want Sam to be encouraged. That's why I am here," said Sheffield, who also said he was Riddle's Alcoholic's Anonymous sponsor. "I know he struggled with alcohol. The chemical has more power over you then your will."

Last week, Riddle pleaded guilty in front of U.S. District Judge Marianne O. Battani to a federal conspiracy charge that will send him to prison for up to 37 months. As part of his plea, Riddle admitted bribing former Southfield City Councilman William Lattimore in connection with a pawn shop relocation, extorting businesses when he worked as a top aide to former Detroit City Councilwoman Monica Conyers, and evading federal taxes on his ill-gotten gains.

When his first federal trial on Detroit corruption charges ended with a hung jury, Riddle said he had planned to continue to fight. But he changed his mind after his conviction in the assault case.

Waters, whom Riddle had been ordered to stay away from while the domestic assault issue was pending, said after the sentencing today that she will be taking over Riddle's popular Facebook pages on which he has more than 8,000 followers.

"I will be trying to keep Sam's many friends up to date on where he is and what's going on," Waters said.










Sam Riddle sentenced to 2 years in prison for gun conviction; 3 years probation for assault
Posted: 05/27/2010
By: Michael Rosenfield
WXYZ TV News, Detroit
http://www.wxyz.com/dpp/news/region/wayne_county/sam-riddle-sentenced-to-2-years-in-prison-for-gun-conviction%3B-3-years-for-assault











Sam Riddle Addresses the Court at his sentencing hearing.




Former State Representative Mary Waters testifies at Sam Riddle's sentencing hearing.




Former State Representative Mary Waters testifies at Sam Riddle's sentencing hearing.



Sam Riddle




Sam Riddle




Former State Representative Mary Waters breaks down during her testimony during Sam Riddle's sentencing hearing.




Sam Riddle is taken into custody after his sentencing hearing.




Sam Riddle is taken into custody after his sentencing hearing.




Former State Representative Mary Waters informs the media, after the sentencing hearing, that she still considers Sam Riddle her friend.



DETROIT, Mich. (WXYZ) - Political consultant Sam Riddle was sentenced Thursday to the mandatory 2 years for a firearms conviction. He also received 3 years probation for assault.

A Wayne County jury convicted Riddle three weeks ago of assaulting long-time companion and former state representative Mary Waters and pointing a shotgun at her after she walked in on him in bed with another woman in December.

Riddle told the judge he takes full responsibility for his actions.

Waters was also allowed to address the court. She said she was never a battered woman. Rather, she says she was a victim of the Wayne County Prosecutor because she never wanted felony charges filed. She says she only called 911 the day of the crime to get Riddle help for his drinking.

Riddle will serve the time concurrently with the sentence he will receive in August in connection with a federal bribary and corruption case. He faces up to 37 months after reaching a plea deal with federal prosecutors.

Riddle turned himself in to federal authorities earlier this week to ensure he would serve his prison time in a federal prison rather than a state prison because he was in their custody first.

Riddle today could have received up to 17 months behind bars on the assault charge.




Monday, May 3, 2010

05032010 - Deputy Scott Ford - Violation Of Probation - Emmet County SD

FORMER DEPUTY SCOTT FORD: VIOLATION OF PROBATION [ MAY 03, 2010 ].

On January 12, 2010, Ford was sentenced to 11 months in jail and two years of probation. On May 03, 2010, Ford violated the terms of his probation.

"According to reports written May 3 by two separate corrections officers at the Charlevoix County Jail, Ford was “allegedly exposing himself in a sexual manner toward female inmates.”







ALSO SEE:
DEPUTY SCOTT FORD, EMMET COUNTY SD [October 19, 2007]
Misuse of Sheriff Department LEIN system to stalk ex-girlfriend.
http://michiganoidv.blogspot.com/2009/03/deputy-scott-ford-emmet-county-sd.html

DEPUTY SCOTT FORD, EMMET COUNTY SD [Summer 2008]
Sexually assaulted a woman during traffic stops

http://michiganoidv.blogspot.com/2008/06/deputy-scott-ford-emmet-county-sd.html

DEPUTY SCOTT FORD, EMMET COUNTY SD [December 07, 2008]
Misconduct while on duty.

http://michiganoidv.blogspot.com/2008/12/deputy-scott-ford-emmet-county-sd.html
Michigan Officer Involved Domestic Violence





ORIGINAL CHARGES:  Two counts of fourth-degree criminal sexual conduct, three counts of obstructing justice, five felony weapon charges for committing crimes in uniform while armed with his service pistol; two counts of refusing to aid the sheriff; false certification impermissible use of personal information, unauthorized access of the LEIN computer network; and two counts of using a computer to commit a crime.













Ford sentenced to additional month in jail and sex offender assessment for probation violation
July 02, 2010
By Christina Rohn News-Review Staff Writer

Petoskey News
http://articles.petoskeynews.com/2010-07-02/scott-harold-ford_24152101

A former Emmet County Sheriff’s deputy, who recently admitted to violating his two-year probation term while serving time in the Charlevoix County Jail, had an additional month added to his sentence Thursday, July 1, in 57th Circuit Court.

Scott Harold Ford, 40, of Carp Lake was more than halfway complete with serving the first six months of his 11-month jail term, which Judge Charles W. Johnson sentenced him to in January, for crimes he had pleaded guilty to committing in 2007 and 2008.

Ford was sentenced for one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both of which are 90-day misdemeanors.

During the time of his initial sentencing, Johnson ordered Ford to serve the first six months of his punishment in the Charlevoix County Jail, with the possibility of tether if he exhibited good behavior. In addition, he was also allowed work release.

This changed on May 3, when two corrections officers from the Charlevoix County Jail reported that Ford had been “allegedly exposing himself in a sexual manner toward female inmates.”

A jail disciplinary board conducted a review of Ford’s actions and determined that he was responsible for unauthorized communication with other inmates, as well as creating a disturbance.

On June 3, Ford pleaded guilty to unauthorized communication, and as a result, the Emmet County Prosecutor’s Office dismissed the second count against him.

During Ford’s probation violation sentencing Thursday, July 1, Duane Beach, chief assistant prosecutor for Emmet County, asked that Johnson require Ford to complete a sex offender assessment.

“I’m urging this court to consider this deviant behavior,” Beach said. “It wasn’t like he chose a private place to do it ... it certainly merits an assessment to find the cause of this behavior.”

Toward the end of the proceedings, Ford wept as he spoke on his own behalf.

“Your honor, I’m not a sex offender ... I did involve myself in behavior that is ridiculous now that I think about it,” he said. “This is no place I ever saw myself ... I’m losing so much, my house is for sale ... I have no income, and I’ve never been without a job my entire adult life — I’m out of options with my wife ... I just want this to be over.”

Judge Johnson asked Ford why he wasn’t thinking of these things before he participated in the action that brought him before the court.

“It was a stupid game,” Ford said. “It was poor, poor judgment. I apologize to have to waste the court’s time.”

As a result of these proceedings, Johnson revoked Ford’s opportunity for work release or tether, and added an additional month to his 11-month sentence — making his a one-year jail term, with 173 days credit for time already served.


In addition, Johnson is also requiring that Ford receive a sex offender assessment.


“This defendant’s conduct is characterized as grossly inappropriate for many, many reasons, not the least of which is that this man is married,” Johnson said.








Ex-deputy Ford admits to probation violation
could face five years in prison
June 04, 2010
Christina Rohn

Petoskey News
http://articles.petoskeynews.com/2010-06-04/probation_24150981

A former sheriff's deputy pleaded guilty today in 57th Circuit Court to three of the nine charges against him.

Scott Harold Ford, 39, of Carp Lake, who was fired from the Emmet County Sheriff's Department in December of 2008, for allegedly committing several acts of misconduct while on duty, pleaded guilty Monday to one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both 90-day misdemeanors.

In exchange for this plea, the Emmet County Prosecutor's Office dismissed the remaining six charges against Ford, which include one count of false certification - impermissible use of personal information, a five-year felony; one count of using a computer to commit a crime, a seven-year felony; two counts of fourth-degree criminal sexual conduct, both two-year, high-court misdemeanors; and two counts of obstructing justice, both five-year felonies.

Judge Charles W. Johnson sentenced him to 11 months in jail, two years probation and 200 hours of community service.

The 39-year-old Carp Lake resident was being sentenced for three charges he pleaded guilty to in October 2009, which included one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both of which are 90-day misdemeanors.

During sentencing, Johnson stipulated that Ford would be required to spend the first six months of his sentence in jail, with the opportunity for tether if he exhibits good behavior.


Former Emmet County Sheriff’s deputy Scott Ford pleaded guilty Thursday, June 3, in 57th Circuit Court to “unauthorized communication” with fellow inmates — one of two probation violation counts against him.

At the time of this alleged violation, Ford was serving time in the Charlevoix County Jail for a previous crime.

In January, Judge Charles W. Johnson ordered Ford to serve 11 months in jail, with the first six months to be served immediately, after he pleaded guilty in October 2009 to one count of unauthorized access of a computer network (the Law Enforcement Information Network) and two counts of refusal to aid the sheriff.

As part of Ford’s sentence, he was also placed on two years probation, and granted work release, as well as the opportunity for tether if he exhibited good behavior.

According to reports written May 3 by two separate corrections officers at the Charlevoix County Jail, Ford was “allegedly exposing himself in a sexual manner toward female inmates.”

 

During his plea hearing Thursday, Ford admitted his guilt to Judge Johnson for the first count against him.

“I was improperly communicating with other inmates,” he said. “I was making hand gestures and communication gestures though the reflection of a jail window.”

As a result of his plea, the Emmet County Prosecutor’s Office is dropping the second charge against Ford in his probation violation case.

Although a date has not yet been set for Ford’s sentencing on this matter, Judge Johnson indicated that he could face up to five years in prison for the charge.


In addition, Johnson stated during Thursday’s hearing that Ford would no longer be allowed work release, and that tether was out of the question.









Ex-Emmet County deputy Scott Ford to be sentenced July 1 for probation violation
June 16, 2010
Christina Rohn

Petoskey News
http://articles.petoskeynews.com/2010-06-16/scott-harold-ford_24151923

A former Emmet County Sheriff’s deputy, who recently violated his two-year probation while serving time in the Charlevoix County Jail, is set for sentencing next month.

Scott Harold Ford, 40, of Carp Lake, was more than halfway complete with serving a six-month jail sentence handed down in January by 57th Circuit Court Judge Charles W. Johnson for improper use of the Law Enforcement Information Network and refusing to aid the sheriff, when he violated his probation.

According to reports written May 3 by two separate corrections officers at the Charlevoix County Jail, Ford was “allegedly exposing himself in a sexual manner toward female inmates.”

As a result, a jail disciplinary board conducted a review of Ford’s actions, and determined that he was responsible for the allegations of unauthorized communication with other inmates, as well as creating a disturbance.

On Jan. 3, Ford pleaded guilty to unauthorized communication, and as a result of his plea, the Emmet County Prosecutor’s Office dismissed the second count against him.





Ford asks for hearing on probation violation
May 21, 2010
By Steve Zucker

Petoskey News
http://articles.petoskeynews.com/2010-05-21/probation_24150682

Former Emmet County Sheriff’s deputy Scott Ford, has asked a judge for a full hearing on charges that he violated his probation while serving time in the Charlevoix County Jail.

Ford, 39, stood mute when he was brought before 57th Circuit Court Judge Charles W. Johnson Thursday to answer charges that some of his alleged actions while incarcerated violated the terms of his probation.

Through his attorney, he requested that a full evidentiary hearing be scheduled for the judge to determine if he has violated the terms of his probation. The hearing will be scheduled in about 30 days.

In January, Ford was sentenced to serve 11 months in jail, with the first six months to be served immediately after he pleaded guilty in October to one count of unauthorized access of a computer network and two counts of refusing to aid the sheriff.

Ford served as an Emmet County sheriff’s deputy for nearly nine years, and admitted during a plea hearing in October to unlawfully accessing the Law Enforcement Information Network on Oct. 18, 2007, to access the personal information of an ex-girlfriend, who alleged that she and her children suffered psychological harm from his conduct

More recently, a disciplinary board at the Charlevoix County Jail found Ford responsible for allegations of “unauthorized communication with other inmates” and "creating a disturbance.”






Ford facing probation violation hearing
May 20, 2010
By Steve Zucker

Petoskey News
http://articles.petoskeynews.com/2010-05-20/probation_24152212

A former Emmet County Sheriff’s Deputy could see more time added to the jail sentence he is currently serving when he faces a probation violation hearing today, Thursday.

Scott Harold Ford, 39, of Carp Lake is scheduled to be back in 57th Circuit Court at 3:30 p.m. today, Thursday, to answer allegations that he has violated his probation by means of his behavior while incarcerated in the Charlevoix County Jail, Emmet County Prosecutor Jim Linderman said.

In January, Ford was sentenced to serve 11 months in jail, with the first six months to be served immediately after he pleaded guilty in October to one count of unauthorized access of a computer network and two counts of refusing to aid the sheriff.

Ford served as an Emmet County sheriff’s deputy for nearly nine years, and admitted during a plea hearing in October, to unlawfully accessing the Law Enforcement Information Network on Oct. 18, 2007, to access the personal information of an ex-girlfriend, who alleged that she and her children suffered psychological harm from his conduct.

Emmet County Sheriff Pete Wallin fired Ford within hours of learning of the allegations against him.

Linderman said the probation violation stems from allegations that Ford has engaged in disruptive and threatening behavior while at the Charlevoix County Jail. He said at this time, Ford is not facing any new charges in connection with his alleged behavior, but he said conditions of Ford’s probation prohibit such behavior.


According to officials at the Charlevoix County Jail, a jail disciplinary board found Ford responsible for allegations of “unauthorized communication with other inmates” and "creating a disturbance.”

Jail officials said Ford admitted to both counts.
According to jail officials, Ford was accused of violating jail rules by attempting to communicate with other inmates outside of his cell using various hand gestures and signs, and that his attempts to do this caused a disturbance among his cell-mates who were concerned that his actions could also get them in trouble.

Linderman said if Ford is found responsible for the probation violation, the judge could add to the sentence he has already imposed.

Thursday, April 1, 2010

04012010 - Judge Lynda Tolen - Sentenced - Berrien County [Retired]


Also See: Arrested for domestic violence
http://michiganoidv.blogspot.com/2011/12/judge-lynda-tolen-berrien-county-retired.html



Retired Berrien County Judge Lynda Tolen: Sentenced to 20 days in jail for second drunk driving offense, while on probation.



2010: Arrested and charged for drunk driving. Placed on probation.

2010: Arrested for a second drunk driving charge while on probation for first DUI. Setenced to 20 days in jail.

November 30, 2010: State of Michigan suspended Tolen's license to practice law for 180 days [due to her DUI convictions].

December 22, 2011: Arrested for domestic violence.









Former judge in front of bench again
Lynda Tolen arraigned on domestic violence charge
Posted: Friday, December 30, 2011 12:00 am
Herald Palladium
http://www.heraldpalladium.com/localnews/former-judge-in-front-of-bench-again/article_4aa0a047-5eb1-5bac-b81c-aa597392e046.html

ST. JOSEPH - Retired Berrien County Trial Court Judge Lynda Tolen, who has faced drunk driving charges in the past, was back in court this week on charges of domestic violence.

Tolen, 60, of Stevensville, who retired in 2008 after 21 years as a judge, was arraigned Tuesday on the misdemeanor charge, according to a report from WNDU-TV.

The complaint, which Chief Assistant Prosecutor Michael Sepic showed to The Herald-Palladium, stated that Tolen had assaulted a woman named Lisa Brasseur.

The complaint lists Brasseur as a resident or former resident of the same household as Tolen.

Tolen was arrested Dec. 22 and released the next day on a $1,500 bond. On conviction, the charge carries a sentence of up to 93 days in jail and/or a $500,000 fine.

In 2010, while she was on probation for impaired driving in Leelanau County, Tolen was arrested in St. Joseph for drinking and driving.

Police reported she had a blood-alcohol level three times the legal limit.

That case was moved to St. Joseph County, and Tolen served 20 days in jail after being convicted on the charge.

Sepic told WNDU-TV that he has petitioned the state attorney general's office to disqualify his office from the most recent case because of Tolen's previous position with the court.


Friday, March 26, 2010

03262010 - Deputy Nick Cavanaugh - Terminated - Otsego County SD



On March 26, 2010, Otsego County Sheriff Jim McBride dismissed Deputy Nick Cavanaugh from the Sheriff Department for "a major policy violation". It was not the first time Sheriff McBride had reprimanded or dismissed Deputy Cavanaugh.



ALSO SEE:
DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. February 14, 2004:
domestic violence incident; drunk driving; loaded gun.



DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. August 2003:
Reprimanded for taking confiscated fireworks for own personal use.











Sheriff’s deputy fired for ‘major violation’
April 06, 2010
By Michael Jones, Staff writer
Petoskey News
http://articles.petoskeynews.com/2010-04-06/road-patrol-deputy_24094016

GAYLORD - Less than one week after the Otsego County Sheriff’s Department (OCSD) fired 11-year veteran deputy Nick Cavanaugh March 26 for “a major policy violation,” Sheriff Jim McBride said his department received a letter from Cavanaugh stating his intention to seek arbitration to get his job back.

Because of the pending request for arbitration McBride said he could not comment on the reason for the dismissal of the 35-year-old deputy, who had been placed on a paid administrative leave March 9 prior to his March 26 termination with the department.

McBride did say he had reviewed the personnel issue incident involving Cavanaugh with the prosecutor’s office before making his decision to terminate the road patrol deputy. The sheriff said the issue concerning Cavanaugh’s dismissal was not a criminal matter.

He indicated the firing had nothing to do with Cavanaugh’s credibility as a witness in a recently completed trial heard by Judge Janet M. Allen in 46th Circuit Court. The trial, which began March 16, resulted in a mistrial March 29 when jurors were unable come to reach a verdict in the assault with intent to murder against defendant James Platte Jr.

Cavanaugh was a witness for the prosecution in that trial.

This is not the first time Cavanaugh has been in trouble with the OCSD nor the first time he has been fired by McBride.

In 2004, McBride terminated Cavanaugh after reviewing a police report relating to an alleged off-duty incident in Gladwin involving the deputy.

According to a February 2004 incident report from the Gladwin City Police, officers allegedly found Cavanaugh in possession of his department-issued handgun while intoxicated inside a parked vehicle at a private parking lot in Gladwin. The weapon was allegedly located by officers on the backseat floor of the vehicle under a jacket.

The four-page report was later forwarded to the Gladwin County prosecutor’s office for review. Gladwin County Prosecutor Thomas Jones declined to bring charges against Cavanaugh for the alleged incident, indicating there was not sufficient evidence to bring charges.

According to the incident report, Cavanaugh allegedly blew a .17 on a preliminary breath test. The report indicated Cavanaugh had not been arrested and authorities reportedly transported him to an area motel. In a Feb. 25, 2004 letter, Jones questioned numerous procedural matters found in the report as part of the basis for his decision not to charge Cavanaugh.

After the OCSD was informed of the incident the deputy was placed on administrative leave and then fired two days later. Despite not being charged in the February 2004 incident, McBride indicted Cavanaugh’s alleged behavior was sufficient grounds for termination and had been preceded by several other incidents during Cavanaugh’s then five-year tenure with the department.

In the summer of 2003, Cavanaugh had been suspended for his alleged involvement with another deputy for keeping confiscated fireworks for their own personal use. The other deputy, Jeffrey Brecheisen, was fired from the department as a result of the incident.



Michigan Officer Involved Domestic Violence

Wednesday, March 17, 2010

03172010 - Terrance Kiernan - Ex wife Unadilla Township Supervisor Linda Walker

Terence Kiernan held his ex-wife, Linda Walker [Unadilla Township Supervisor] at gunpoint. The gun was later found to be unloaded. He is now serving out a at a 13 year prison sentence.


Meanwhile, Michigan police officers, who commit more severe acts of domestic violence involving the use of firearms, do not serve prison terms. Instead, police officers facing felony domestic violence charges are having their cases pled down under MCL 769.4a. Under MCL 769.4a [Michigan's loophole to the Lautenberg Amendment], an officer serves no prison time, and the officer's felony domestic violence charge is expunged after one year and the officer can re-join his police department.

The felony domestic violence case against Officer Steele [Detroit PD], comes to mind:
http://michiganoidv.blogspot.com/2008/03/officer-gary-steele-detroit-pd-030408.html


Faced with multiple felony dv charges and a possible life sentence, Officer Gary Steele had his case plea bargained down under MCL 769.4a. Officer Steele is currently back on the Detroit Police Department.

If MCL769.4a wasn't intentionally amended to become a loophole specifically for police officers facing felony domestic violence charges...then why wasn't this plea bargain available to Terence Kiernan? Why is Kiernan behind bars for thirteen years and Officer Steele is not only a free man, but is once again wearing the badge?





Terrance Shawn Kiernan




Unadilla Township Supervisor, Linda Walker





















Man pleads to holding his ex-wife at gunpoint
Detroit News
July 17, 2010
https://infoweb.newsbank.com/
A 52-year-old Unadilla Township man pleaded guilty Friday to holding his ex-wife at gunpoint in her Fowlerville law office in March.

Prosecutors agreed to recommend no more than five years in prison when Terence Kiernan is sentenced Aug. 26.

Authorities said Kiernan pointed a handgun at his ex-wife and demanded she return pension benefits she receives through their divorce settlement.

He faced several charges, including extortion and carrying a concealed weapon.















Man accused of holding ex at gunpoint to go to trial
Detroit News
April 22, 2010
A Unadilla Township man accused of holding his ex-wife at gunpoint in a divorce dispute will be tried in Livingston Circuit Court. Terence Kiernan, 52, waived his right to a preliminary exam Wednesday in 53rd District Court in Howell. He is being held on $1 million bond for allegedly threatening to kill Linda Walker, an attorney and township supervisor, last month unless she agreed to give back half of his pension. Kiernan could get life in prison on six charges, including assault with intent to murder.















Judge decides not to reduce the bond in gun-threat case
Detroit News
April 15, 2010
Fowlerville -  A judge Wednesday declined to lower the $1 million bond for a Unadilla Township man who allegedly held his ex-wife at gunpoint. Terence Kiernan, 52, is being held in Livingston County Jail for the March 17 incident. He is accused of threatening Linda Walker, a local attorney and Unadilla Township supervisor, because she received half of his pension in a divorce settlement. He will be in court at 8:30 a.m. Wednesday for a preliminary exam.
















Charges changed in case of Unadilla woman held at gunpoint
BY LISA ROOSE-CHURCH
DAILY PRESS and ARGUS 
March 24, 2010
http://www.livingstondaily.com/article/20100324/NEWS01/100324012/Charges-changed-in-case-of-Unadilla-woman-held-at-gunpoint
The Livingston County prosecutor’s office revised charges against a Unadilla Township man accused of holding his former wife at gunpoint at her law office in Fowlerville.

Terence Shawn Kiernan, 52, was initially charged in Livingston County District Court with assault with intent to commit murder for allegedly holding his ex-wife, Unadilla Township Supervisor Linda Walker, at gunpoint at her law office on Grand River Avenue in Fowlerville.

However, Prosecutor David Morse revised the charge today to extortion after learning the weapon was not loaded.

Morse said to prove the assault charge he would have had to show that Kiernan had intent to kill Walker, but without a loaded gun that intent disappears.

Kiernan also is charged with felonious assault and possession of a firearm during the commission of a felony, carrying a concealed weapon, drunken driving and possession of a firearm under the influence of alcohol.

Kiernan, who is being held in the Livingston County Jail on a $1 million bond, returns to District Court on April 14 for an exam conference.

Walker said she had just returned from lunch March 17 when Kiernan came into her law office shortly after 1 p.m., and pointed a revolver at her. She said she begged him “not to kill me,” and wrestled with him for the gun, but he knocked her to the ground and held the gun at her head.

Walker said Kiernan was angry with her because she receives a portion of his pension benefits through their divorce agreement. She said Kiernan demanded that she return the benefits.
















Cops: Divorce deal provoked assault on Unadilla Twp. official
The Detroit News
Valerie Olander
Last Updated: March 20. 2010 1:00AM
http://detnews.com/article/20100320/METRO/3200328/Cops--Divorce-deal-provoked-assault-on-Unadilla-Twp.-official
Fowlerville --The newly ex-husband of Unadilla Township's supervisor is accused of threatening her at gunpoint this week after a divorce settlement gave her half his pension.

Terence Shawn Kiernan, 52, was in the Livingston County Jail on $1 million bond Friday, one day after he was charged with assault with intent to murder and a host of other charges.

Fowlerville Police Chief Tom Couling said Kiernan confronted Linda Walker, who is a lawyer and the Unadilla Township supervisor, at her office about 1 p.m. Wednesday and threatened to kill her.

"He had a handgun pointed to her head and threatened to kill her unless she gave back his pension money," Couling said.

The divorce settlement was finalized last week in Livingston Circuit Court.

At one point, Walker grabbed the gun and a short scuffle ensued, Couling said.

Kiernan left after she agreed to let him have the money.

She called 911.

Unadilla Township Police stopped Kiernan a short time later and found the weapon, a semiautomatic handgun, in his car.

He also was arrested on suspicion of drunken driving, Couling said.

Police are not saying whether the gun was loaded.

Walker did not return phone calls seeking comment.

Kiernan is charged with assault with intent to murder, felonious assault, felony firearm, carrying a concealed weapon, operating a vehicle while intoxicated and possession of a firearm while under the influence.

Kiernan returns Wednesday to 53rd District Court for an exam conference.
















Man points gun at ex-wife over divorce dispute, police say
The Detroit News
Valerie Olander
Last Updated: March 19. 2010 7:02PM
http://www.detnews.com/article/20100319/METRO04/3190412/1015/rss04

Howell -- A Unadilla Township man is being held in the Livingston County Jail today on $1 million bond after being charged Thursday with allegedly holding his ex-wife at gunpoint at her Fowlerville law office.

Terence Shawn Kiernan, 52, was angered by a divorce settlement finalized last week and walked into the law office with a gun shortly after 1 p.m. Wednesday, Fowlerville Police Chief Tom Couling said.

His ex-wife, Linda Walker, a local attorney and Unadilla Township supervisor, had been awarded half of his pension in the settlement.

"He had a handgun pointed to her head and threatened to kill her unless she gave back his pension money," Couling said.

At one point, Walker grabbed the gun and a short scuffle ensued, Couling said.

Kiernan left after she agreed to let him have the money. She called 911.

Unadilla Township Police stopped Kiernan a short time later and found the weapon, a semi automatic handgun, in his car. He was also arrested on suspicion of drunken driving, Couling said.

Police are not saying whether the gun was loaded.

Kiernan is charged with assault with intent to murder, felonious assault, felony firearm, carrying a concealed weapon, operating a vehicle while intoxicated and possession of a firearm while under the influence.

Kiernan returns to 53rd District Court March 24 for an exam conference.
















Local Attorney and Township Supervisor Held at Gun-Point By Ex-Husband
March 18, 2010
WHMI 93.5 FM Radio Station, Livingston County MI
http://www.whmi.com/news/article/9858
A Unadilla Township man is jailed and awaiting charges for allegedly holding his ex-wife at gunpoint Wednesday.

52 year old Terence Shawn Kiernan was arrested by Unadilla Township Police after his ex-wife, Fowlerville Attorney and Unadilla Township Supervisor Linda Walker, called 911 and said he had attacked and threatened to kill her.

Walker says that when she returned to her law office shortly after 1pm, Kiernan came in the back door and pulled out a gun. Walker reportedly wrestled with Kiernan for the gun but he knocked her to the ground and held the gun to her head, threatening to kill her. Kiernan was allegedly angry because Walker received a portion of his pension benefits through their divorce agreement. He then fled the office after Walker agreed to return the pension benefits. As soon as he left, Walker called 911.

Fowlerville Police Chief Tom Couling tells WHMI that a be-on-the-lookout alert was issued and Tiernan was arrested a short time later by Unadilla Township Police on Donahue Road. Couling says a small handgun was recovered and they are seeking charges of felonious assault against Tiernan, who remains lodged in the Livingston County Jail. (JK)